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Model Clause: Belgian Centre for Arbitration and Mediation

  • "Any disputes arising out of or in relation with this Agreement shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules."

    The following provisions may be added to this clause:

    - "the arbitral tribunal shall be composed of (one) or (three) arbitrators." (1)
    - "the seat of the arbitration shall be (town or city)"
    - "the arbitration shall be conducted in the ( ) language"
    - "the law governing the contract shall be the law of (…)"

    The parties that so wish may also stipulate that the arbitration should necessarily be preceded by a mini-trial (see Section III below) or a conciliation attempt (see Section IV below).

    In the event that the parties involved are not Belgian, within the meaning of Article 1717, paragraph 4 of the Judicial Code, they may also stipulate the following:

    "The parties expressly exclude any application for setting aside the arbitral award."

    !1) Delete as appropriate

    "The parties hereby undertake to apply the CEPANI mini-trial Rules for all disputes arising out of or in relation with this Agreement."

    The following provisions may be added to this clause:

    - "the seat of the mini-trial shall be (town or city)"
    - "the proceedings shall be conducted in the ( ) language"
    - "should the mini-trial fail, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules."

    "The parties hereby undertake to apply the CEPANI Rules of Conciliation to all disputes arising out of or in relation with this Agreement."

    The following provisions may be added to this clause:

    - "the seat of the conciliation shall be (town or city)."
    - "the proceedings shall be conducted in the ( ) language."
    - "should the conciliation fail, the dispute shall be finally settled under the CEPANI Rules of Arbitration by one or more arbitrators appointed in accordance with those Rules."

    "The parties hereby undertake to apply the CEPANI Rules of Technical Expertise for all disputes arising out of or in relation with this Agreement."

    The following provisions may be added to this clause:

    - "the seat of the technical expertise shall be (town or city)"
    - "the proceedings shall be conducted in the ( ) language."
    - "the technical expertise shall be carried out by (one) or (three) experts. (1)
    - "the findings and conclusions of the expert(s) shall (not) be binding on the parties." (1)

    (1) Delete as appropriate

    "The parties hereby undertake to apply the CEPANI Rules of Adaptation of Contracts should either one of them so request.
    The opinion of the third person appointed in accordance with these Rules shall have the authority of a (recommendation) or (decision)." (1)

    The following provisions may be added to this clause:

    - "the seat of the proceedings shall be (town or city)."
    - "the proceedings shall be conducted in the ( ) language."
    - "the adaptation of contracts proceedings shall be followed by arbitration proceedings under the Rules of CEPANI if so requested by one of the parties."

    (1) Delete as appropriate